23 NCAC 02D .0109          LONGEVITY PAY PLAN FOR COLLEGE PERSONNEL

(a)  Employees of institutions in the community college system assigned to permanent full‑time or permanent part‑time positions shall receive longevity pay if the employees meet the requirements of total qualifying service set forth in this Rule.

(b)  Total service for the longevity pay plan is based on a month‑for‑month computation of permanent full‑time and permanent part‑time (20 hours or more, but less than full‑time) employment with:

(1)           an institution in the community college system or a school administrative unit regardless of the source of salary and including state, local or other paid employment.

(A)          Employment for a school year is equivalent to one full calendar year (credit for a partial year is given on a month‑for‑month basis).

(B)          In no event will an employee earn more than a year of total service credit in a 12‑month period.

(C)          If an employee is in pay status (working, exhausting vacation or sick leave, or when on workers' compensation leave or is on authorized military leave) for one‑half or more of the regularly scheduled workdays in a month, credit shall be given for the entire month.

(2)           departments, agencies, and institutions of the State of North Carolina, (e.g., State Department of Administration, State Revenue Department, University of North Carolina, State Department of Community Colleges, State Department of Public Instruction).

(3)           other governmental units which are now agencies of the State of North Carolina (e.g., county highway maintenance forces, War Manpower Commission, judicial system).

(4)           county agricultural extension service.

(5)           local mental health, public health, social services or civil preparedness agencies in North Carolina, if such employment is subject to the State Personnel Act.

(6)           authorized military leave.

(A)          Credit for military leave is granted only for persons who were employees of the State of North Carolina or other agencies listed in Paragraph (b) of this Rule who were granted leave without pay:

(i)            for a period of involuntary service plus 90 days or for a period of voluntary enlistment for up to four years, plus 90 days, so long as they returned to employment in a covered agency within the 90 days; or

(ii)           for a period of active duty for service, alerts, or required annual training while in the National Guard or in a military reserve program.

(B)          Employees who enlist for more than four years or who re‑enlist shall not be eligible for military leave.

(C)          Employees hospitalized for a service‑connected disability or injury shall be granted additional leave without pay for the period of hospitalization plus 90 days or for 12 months, whichever is shorter. The hospitalization must commence before reinstatement into qualifying service for the provisions of this part to apply.

(c)  Total service for the longevity pay plan does not include:

(1)           Temporary service, that is, service by an employee who works in a temporary position, or who is working temporarily in the absence of a permanent employee on leave of absence, except that temporary service of employees of the General Assembly will be counted and the full legislative terms of the members.  Service of legislative interns and pages will not be counted.

(2)           Periods of out‑of‑state employment with other states, schools, colleges or universities.

(3)           Periods of employment with agencies of the federal government.

(4)           Periods of military service other than those categories described in Subparagraph (b) (6) of this Rule.

(5)           Periods of employment for employers other than the State of North Carolina even though credit in the North Carolina retirement system has been purchased for such employment.

(d)  An employee assigned to a permanent full‑time or permanent part‑time position is eligible for longevity pay only after the date the employee has completed ten years of total service with a community college, a school administrative unit or an agency.

(e)  Annual longevity pay amounts are based on the length of total service to agencies, community colleges, and school administrative units as designated in Paragraph (b) of this Rule and a percentage of the employee's annual rate of pay on the date of eligibility.

(1)           Longevity pay amounts are computed by multiplying the employee's annual base or contract salary rate as of the eligibility date by the appropriate percentage, rounded to the nearest dollar, in accordance with the following table:

 


Years of Total State Service              Longevity Pay Rate

 

10 but less than 15 years                                   1.50%

15 but less than 20 years                                   2.25%

20 but less than 25 years                                   3.25%

25 or more years                                                  4.50%

 


(2)           Longevity pay is not considered a part of annual base or contract pay nor is it to be represented in personnel and payroll records as a part of annual base or contract salary.  (Salary increases effective on the same date as the longevity eligibility date shall be incorporated in the base pay before computing longevity).

(f)  The payment of longevity pay to eligible employees is automatic. Payment shall be made in a lump sum, subject to all statutory deductions, during the monthly pay period in which the employee has satisfied all eligibility requirements.

(1)           Eligible employees on worker's compensation leave shall receive longevity payment in the same manner as if they were working.

(2)           If an employee retires, resigns, dies, or is otherwise separated on or after the date of becoming eligible for a longevity payment, the full payment shall be made to the employee or to the estate of the employee in case of death.

(3)           If, on the effective date of this policy, an employee has completed the qualifying length of service but is between eligibility dates, longevity payment will be made on the next longevity anniversary date.

(4)           If the employee has worked part but not all of one year since qualifying for longevity payment, the employee shall receive a pro‑rata payment in the event of:

(A)          separation from the institution;

(B)          change in employment status to temporary part‑time, or to a position not covered in this policy.

(5)           If an employee separates from a community college and receives a partial longevity payment and is employed by another community college, school administrative unit, or state agency, the balance of the longevity payment shall be made upon completion of additional service totaling 12 months for an employee having a 12‑month period of employment, or upon completion of a lesser term for an eligible employee on less than a 12‑month period of employment.  The balance due is computed on the annual or contract salary being paid at the completion of the requirement.

(6)           If an eligible employee at the time of separation has a fraction of a year toward the next higher percentage rate, payment shall be based on the higher rate; however, the basic eligibility for longevity requirement must have been satisfied before this provision can apply.

(7)           Leave without pay in excess of one‑half the work days in a month (with the exception of authorized military leave and worker's compensation leave) will delay the longevity anniversary date on a month‑for‑month basis.

(g)  Longevity pay shall be made from the same source of funds and in the same pro‑rata amounts from which the employee's regular annual salary is paid (e.g. state, federal, local funds).

(1)           Local trustees may provide longevity payments to employees from other than state allotted funds.

(2)           Only personnel employed in positions allotted by the formula in Rule 2D .0301(d) of this Subchapter shall receive longevity pay from the longevity reserve.  An additional allocation will be made for this purpose.

(3)           Employees in state‑allotted positions paid with state‑allotted funds other than regular formula allotments shall receive longevity pay from the same source of funds as their salary payment.

(4)           Employees paid with the following specified funds shall receive longevity pay from these respective sources:

(A)          Adult basic education funds,

(B)          Human resource development funds,

(C)          New industry funds,

(D)          JTPA funds,

(E)           Special allotment funds,

(F)           Federal vocational educational funds, and

(G)          Local funds.

(h)  The president of each community college shall:

(1)           Determine the quantity of qualifying service and the longevity anniversary date for each eligible employee.

(2)           Furnish to the state board, on forms prescribed by the Department, data necessary for a determination of the cost of the longevity pay plan from state funds.

(i)  The President of the Community College System shall determine the total cost of the longevity pay plan from data submitted by each community college.  If funds are not adequate to pay longevity rates established under this Rule, the President of the Community College System shall submit a budget revision to the State Budget Officer requesting additional funds from other available sources within State Aid.

 

History Note:        Legislative Objection Lodged Eff. October 10, 1980;

Legislative Objection Removed Eff. November 20, 1980;

Filed as an Emergency Amendment Eff. July 7, 1980 for a period of 120 days to expire on

November 5, 1980;

Authority G.S. 115D‑5; S.L. 1979, ch. 1137, s. 21;

Eff. September 15, 1977;

Emergency Amendment Expired Eff. November 5, 1980;

Amended Eff. June 1, 1991; August 1, 1983; July 1, 1981; November 6, 1980.